Who would defend you if you received a claim against your company?

Many of the MDU's consultant and GP members are now setting themselves up in private practice, to offer their services to patients as an alternative to the traditional NHS setting, and we're also seeing primary care networks setting themselves up as limited companies.

It's important to understand what this means, as in our experience from speaking with members, clinicians are not always aware that as a medical director of a company, they can face litigation and complaints relating to clinical practice carried out by that company.

Clinical organisations that set up as a limited company may be held liable for a range of failings, including:

  • the poor performance or conduct of individual staff and sub-contractors, particularly employees who don't usually have their own indemnity
  • inadequate practice systems and procedures such as patient referrals, infection control, and data protection
  • poor-quality training and lack of regular assessment of staff
  • failure to properly investigate complaints or patient safety concerns.

If you have a company that provides clinical services, it can get sued as a separate entity instead of - or as well as - the individual clinicians who carry out the clinical work. This will apply to you if you employ any other clinicians to work in your company - for example, another doctor, nurse, or HCA.

If you have a private company and employ other clinical staff, and your services are not covered under a state-backed indemnity scheme such as CNST or CNSGP, you'll need to consider a corporate indemnity solution. The MDU can offer this to defend your company against medical malpractice claims and complaints.

If you've created a private company for your primary care network where the services have access to CNSGP, then we offer a corporate advisory solution support package in the event of a complaint or investigation.

Alternatively, if you're the only practicing clinician in your private company, we can offer a sole trader supplement to your existing membership subscription. If you'd like more information about this, just call our membership department.

Business benefits

We can work with you to provide a bespoke package that is moulded around your company's needs to indemnify you and your staff. We can also include a tailor-made individual indemnity solution for your team of clinicians and other healthcare professionals.

As a corporate member of the MDU, your company will receive access to 24/7 support and guidance from our medico-legal team, as well as to our corporate team, who will offer a single point of contact and a personalised service.

They are specialists in corporate indemnity, and are there to help you understand your responsibilities and how this affects you. They can help you apply for corporate membership, and be available for support while you are a corporate member. You'll also have access to a key account manager, who can visit your practice to understand your needs.

As well as medico-legal advice and support, our corporate indemnity membership also gives you access to a 24/7 employment law, and health and safety helpline, and a 24/7 employee assistance helpline offering telephone counselling to all of your employed staff, day and night.

Take a look at our main website for more information

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This page was correct at publication on 10/07/2023. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.